← Library
Madras High CourtWP/21547/2015disposed of

V.Rathna Sabapathy v. The Secretary

2015-07-20Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2015

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.21547 of 2015 and M.P.No.1 of 2015 V.Rathna Sabapathy

...Petitioner

vs.

1.The Secretary, His Excellency Governor of Tamil Nadu, Raj Bhavan, Chennai - 600 022.

2.The State of Tamil Nadu, Rep. by The Principal Secretary to Government, Home Department, 3.The Director General of Police, Tamil Nadu Police, Kamaraj Salai, Mylapore, Chennai - 600 004.

4.The Secretary to Government, Personnel and Administrative Department, Government of Tamil Nadu, 5.The Secretary, Tamil Nadu Public Service Commission, Chennai - 600 003.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the first respondent to dispose of the representation of the writ petitioner dated 24.12.2014 by issuing suitable orders to the 4th and 5th respondents for correcting the date of birth of the petitioner as 12.01.1955 in the records of the 4th and 5th respondents for continuing the petitioner's service till 11.01.2017.

For Petitioner : Mr.M.Sundar for Mr.P.Saravana Sowmiyan For Respondents : Mr.S.Gunasekaran Govt.Advocate

O R D E R

M.S.Gunasekaran, learned Government Advocate notice for the respondents.

2. The petitioner is a Member of Tamil Nadu Public Service Commission. According to him, his date of birth is 12.01.1955, but it was wrongly entered as 03.08.1953. Hence, he approached the Civil Court by filing O.S.No.144 of 2010 and the same was decreed by declaring the petitioner's date of birth as 12.01.1955.

3. It is stated by the learned counsel for the petitioner that the order of the Civil Court has attained finality. The tenure of the petitioner will come to an end on 02.08.2015,as per the date of birth entered in the Service Register. Hence, the petitioner has come up with this writ petition to dispose of his representation, dated 24.12.2014 in the light of the decree referred to above.

4. In view of the narrow prayer made and also taking into account the aforesaid facts, the writ petition is disposed of by directing the first respondent to consider and pass appropriate orders on the representation of the petitioner, dated 24.12.2014 before 31.07.2015. No costs. Consequently, connected miscellaneous petition is closed.

svki s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The Secretary, His Excellency Governor of Tamil Nadu, Raj Bhavan, Chennai - 600 022.

2.The Principal Secretary to Government, The State of Tamil Nadu, Home Department,

3.The Director General of Police, Tamil Nadu Police, Kamaraj Salai, Mylapore, Chennai - 600 004.

4.The Secretary to Government, Personnel and Administrative Department, Government of Tamil Nadu, 5.The Secretary, Tamil Nadu Public Service Commission, Chennai - 600 003.

+ 1 cc to M/s.P.Saravana Sowmiyan, Advocate SR 36463 + 1 cc to the Government Pleader High Court, Madras SR 36682 ku(co) prk21/7 W.P.No.21547 of 2015